Mason Got Special Treatment After Firing Shot, Deputy Testifies

September 5, 1985|By Roger Roy of The Sentinel Staff

Former Orange County Commissioner Ed Mason received special treatment from sheriff's officials when he threatened suicide just hours before killing his estranged wife four years ago, a deputy sheriff testified Wednesday.

Deputy William Dennis, testifying in the opening day of trial in a lawsuit filed by Diane Mason's family against Orange County Sheriff Lawson Lamar, said he would have had Mason hospitalized after the commissioner fired a shot into the floor of his wife's house and talked about killing himself on May 17, 1981.

Instead Mason was questioned by high-ranking sheriff's officials and the sheriff's staff psychologist, then released. Forty-five minutes later, using a gun he borrowed from another deputy sheriff, Mason killed his wife at an Orlando apartment complex.

Mason was convicted of second-degree murder and was released from prison last year after serving less than three years of a five-year sentence.

Both Mason, who now lives in Brevard County, and Lamar are expected to testify.

As the trial opened, the attorney for Diane Mason's estate, Russell Troutman, told jurors that Lamar was negligent in not arresting or hospitalizing Mason, who as county commission chairman had control over Lamar's budget.

The suit charges that Lamar failed to protect Diane Mason's rights because of Ed Mason's ''political and economic status.''

The suit does not list a specific amount of damages being sought. However, a former attorney for Diane Mason's relatives, including her four children, ages 11 to 20, filed a notice in May 1982 that the family intended to seek $4 million.

Lamar's attorney, Bud Eubanks, told jurors Wednesday that no one could have known that Mason planned to kill his wife. Eubanks said the criticism of sheriff's officials in the case is ''all hindsight.''

Dennis testified Wednesday that he and his supervisor, Sgt. Bill Winters, went to the Mason home in the Conway area after Diane Mason called sheriff's dispatchers and said her husband had a gun. The Masons were separated, and Diane Mason was living in the house with their children.

Mason had been a commissioner since 1978. Dennis said he knew Mason because he had met him at a golf course and at a party.

Dennis said he and Winters went into the house to talk to Mason after Diane told them he had fired a shot through the floor and was threatening suicide.

''Did you ask him if he tried to kill himself?'' Troutman asked Dennis.

''He said, 'No, but it sounds like a good idea,' '' Dennis said.

''Did he talk about a sharp increase in the sheriff's budget?'' Troutman asked.

''Yes, I believe that was mentioned,'' Dennis replied.

When Winters called Undersheriff Larry Shultz, then head of patrol deputies, to ''advise'' him of the case, Shultz came to the house, Dennis said.

After a discussion that Dennis did not hear, Mason left with Shultz, Dennis said.

Dennis said he and Winters thought Mason should be taken into custody under Florida's Baker Act, which at the time allowed police to take into custody a person who exhibits mental illness and is likely to harm himself or others.

Submitted into evidence Wednesday was Dennis' report from the shooting, which included the phrases ''Anybody else Baker Act'' and ''Courtesy to Mason, Shultz said.''

Troutman asked Dennis to explain the notations.

''Under the circumstances, we would have Baker Acted someone else,'' Dennis replied.

Although they knew Mason had fired a gun in the house, there was no discussion of arresting him, Dennis said.

''At the time, I didn't realize that him discharging a firearm into the floor of his own home was a felony,'' Dennis said.

Under questioning by Lamar's attorney, Dennis said Diane Mason refused to give deputies a report about the shooting and did not want charges filed.

The trial will resume this afternoon before Circuit Judge Frank Kaney.